The article analyzes the structure and the functioning of constitutional review of legislation in Italy, through the analysis of the sources of law and of the constitutional case law. After a brief reminder of the constituent debate, it deconstructs the constitutional trial in two phase, one before the a quo judge, the other before the Constitutional Court, describing the constituent elements of each one. In conclusion, it suggests that the Italian system represents a unique in the comparative panorama, due to how much the limited number of instruments to apply to the Court has influenced the nature of the constitutional proceedings.
Il controllo di costituzionalità in via incidentale in Italia
BAGNI, SILVIA
2014
Abstract
The article analyzes the structure and the functioning of constitutional review of legislation in Italy, through the analysis of the sources of law and of the constitutional case law. After a brief reminder of the constituent debate, it deconstructs the constitutional trial in two phase, one before the a quo judge, the other before the Constitutional Court, describing the constituent elements of each one. In conclusion, it suggests that the Italian system represents a unique in the comparative panorama, due to how much the limited number of instruments to apply to the Court has influenced the nature of the constitutional proceedings.File in questo prodotto:
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